NEW INDIA ASSURANCE CO. LTD Vs. D.RUPA

JUDGEMENT

(1.) THE claim petition has been filed claiming compensation of Rs.5,00,000/- in respect of loss of slurry, when the lorry carrying Acid Slurry weighing 5230 kgs, was hit by the lorry belonging to the first respondent bearing Registration No.TN33-A-2399.

(2.) ON 21.09.2003, the petitioner's (first respondent herein) lorry (loaded with Acid Slurry) was going from Pondicherry to Chennai. At about 03.30 hrs, a lorry in front of petitioner's lorry was stopped abruptly by applying brakes. The petitioner's lorry hit against the lorry in the front, which caused huge damage to the petitioner's lorry and therefore, the petitioner's lorry was parked in the extreme left side of the road. At that time, the lorry bearing Registration No.TN33-A-2399, which was driven in a rash and negligent manner, lost control and smashed the tanker valve of the petitioner's lorry. The entire acid slurry gushed out of the road. On account of this, the petitioner suffered loss and damage, estimated at Rs.5,00,000/-. The details of claim made are:-

(3.) THE Claims Tribunal, considering the oral and documentary evidence, allowed the petition, granting compensation of Rs.2,65,695/-. The respondents 1 and 2 were directed to pay the same.